Does a probation officer have the authority to determine the payment of a probation fee?

California, United States of America


The following excerpt is from The People v. Brown, E048834, Super.Ct.No. RIF131930 (Cal. App. 2010):

report. "The probation officer, or his or her authorized representative, shall determine the amount of payment and the manner in which the payments shall be made to the county, based upon the defendant's ability to pay. The probation officer shall inform the defendant that the defendant is entitled to a hearing, that includes the right to counsel, in which the court shall make a determination of the defendant's ability to pay and the payment amount. The defendant must waive the right to a determination by the court of his or her ability to pay and the payment amount by a knowing and intelligent waiver." (Pen. Code, 1203.1b, subd. (a).) "[F]ailure to object in the trial court to statutory error in the imposition of a probation fee under [Penal Code] section 1203.1b [forfeits] the matter for purposes of appeal." (People v. Valtakis (2003) 105 Cal.App.4th 1066, 1072 (Valtakis).)

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